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2026 Supreme(Online)(Ker) 9702

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
RADHIKA T. – Appellant
Versus
KILIMANOOR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD – Respondent
WP(C) NO. 13075 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.DONA AUGUSTINE
For the Respondents: SRI.K.SIJU, SHRI.S.ABHILASH, SMT.ANJANA KANNATH, SMT.SAFNA P.S.

Court allows installment repayment of overdue loan amidst financial hardship.

Headnote:In the context of recovery proceedings initiated by a bank under the credit facilities granted to the petitioner, the High Court analyzed the financial hardships faced by the petitioner. The Court found it reasonable to permit her repayment in fifteen installments. The key issue was whether the respondent bank would allow a structured repayment plan amid ongoing recovery actions. The court concluded with directives for the repayment schedule while holding coercive actions in abeyance during the repayment period.

Table of Content
1. petitioner availed credit facilities from the bank. (Para 1)
2. petitioner's inability to repay due to financial stringency. (Para 2 , 3)
3. court permits repayment in installments and stays coercive actions. (Para 4 , 5)

JUDGMENT

Petitioner along with her husband availed credit facilities from the respondent bank. This writ petition has been filed challenging the recovery proceedings initiated by the respondent bank to recover amounts due under credit facilities availed by the petitioner from the respondent bank.

2. Learned counsel appearing for the petitioner would submit that the petitioners could not repay the loan on account of financial stringency . It is submitted that the petitioner may be permitted to clear the overdue amount in some instalments.

3. Heard the learned counsel appearing for the respondent bank also. Learned counsel appearing for the respondent bank would submit that, the overdue amount, as on 09.02.2026, is Rs.11,10,500/- (Rupees Eleven lakhs ten thousand and five hundred only) and the respondent bank has no objection in granting some reasonable instalments to the petitioner to clear the overdue amount.

4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the overdue amount in fifteen instalments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the overdue amount of Rs.11,10,500/- (Rupees Eleven lakhs ten thousand and five hundred only) along with accrued interest, costs and bank charges from the petitioner in the following manner:

(i) The overdue amount of Rs.11,10,500/- (Rupees Eleven lakhs ten thousand and five hundred only) shall be repaid in fifteen equated monthly instalments along with any accrued interest/costs and charges;

(ii) The first instalment shall be paid on or before 11.03.2026 and the subsequent instalments shall be paid on or before the 11th day of the succeeding months;

(iii)Petitioner shall continue to pay the regular EMI’s/instalments along with the instalments directed above;

(iv) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law;

(v) In order to enable the petitioner to repay the entire amounts as above, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

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